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un rapport amiable

English translation: amicable report

08:57 Sep 7, 2000

French to English translations [PRO]Law/Patents

French term or phrase:un rapport amiable

This is in the context of legal proceedings. One side commissioned a report from experts it chose, and this report is called by the other side "un rapport amiable".
"Le tribunal XXX, sur le seul fondement d'un rapport amiable commandé par XX auprès d'experts de son choix....
Thanks in advance for any help.
Mary

Explanation:Was this report commissioned before proceedings had begun or once proceedings were underway?

A report which is "amiable" is amicable, private, perhaps even drawn up before proceedings commenced, outside the context of proceedings. Parties are perfectly within their rights to instruct such reports to be drawn up. What weight they hope them to have in later proceedings, is another matter.

An "amiable" report is also "non-contradictoire", in the sense that only one side is concerned in the instructing of the expert to draw up the report in question.

French law embraces the "principe du contracdictoire". It implies the freedom of all parties to make known all that is required to be known in order for his application or his defence to succeed. It covers discloure of evidence, of documents of each side to the other side. Of particular interest to you :
"Le juge doit en toutes circonstances observer et faire observer le principe de la contradiction et ne peut retenir dans sa décision que les explications qu'il a receueillies contradictoirement".

This is precisely what has happened here. The side which does not consider the report to be favourable to it, is no doubt seeking to convince the court that the report in question has apparently failed to repsect this doctrine and that the rules of admissibility would appear to prohibit it being admitted.

Thsi doctrine has been around a long time and although uncodified, it governs all leagal proceedings in France.

Explanation:Was this report commissioned before proceedings had begun or once proceedings were underway?

A report which is "amiable" is amicable, private, perhaps even drawn up before proceedings commenced, outside the context of proceedings. Parties are perfectly within their rights to instruct such reports to be drawn up. What weight they hope them to have in later proceedings, is another matter.

An "amiable" report is also "non-contradictoire", in the sense that only one side is concerned in the instructing of the expert to draw up the report in question.

French law embraces the "principe du contracdictoire". It implies the freedom of all parties to make known all that is required to be known in order for his application or his defence to succeed. It covers discloure of evidence, of documents of each side to the other side. Of particular interest to you :
"Le juge doit en toutes circonstances observer et faire observer le principe de la contradiction et ne peut retenir dans sa décision que les explications qu'il a receueillies contradictoirement".

This is precisely what has happened here. The side which does not consider the report to be favourable to it, is no doubt seeking to convince the court that the report in question has apparently failed to repsect this doctrine and that the rules of admissibility would appear to prohibit it being admitted.

Thsi doctrine has been around a long time and although uncodified, it governs all leagal proceedings in France.

Explanation:I think that the meaning of conciliatory would be unadvisable here. It is used to describe something which is done with a view to placating or reconciling (dixit Collins English/English dictionary). This was not apparently the intention when this report was commissioned. It was commissioned, according to the information we have, in order to support the affirmations of the commissioning party. The fact that they are seeking to rely upon it now and further that the other party ids seeking to have it rejected suggests that it is anything but conciliatory!

Furthermore, having instructed experts in past employment, I have never seen this term used to describe one - not in England in any event.

Explanation:Sorry forgot to add this last little bit. Of course, "amiable" in expressions like "à l'amiable" does apply to mean out-of-court (for settlements for example) and to that extent, there is conciliation. This is not quite the same thing as describing a report as "coniiliatory", which as described earlier cannot apply here as I understand it.

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